Delaware
- Updated on 12 Mar 2020
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Ban-The-Box & Fair Hiring Laws By State
We update this overview of ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.
Guidance
Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.
STATE LAWS — PUBLIC SECTOR
Who must follow: This ban-the-box law applies only to public employers in Delaware.
Timing of inquiry: State agencies and licensing agencies may not perform a background check until after an initial interview. Exceptions apply for state, county or municipal police forces, the Department of Correction, and any position where federal or state law requires or expressly permits the consideration of an applicant’s criminal history.
Adverse action implications:
- Public employers may only consider felony convictions for ten years following release from custody (or sentencing for an individual who was never in custody) and misdemeanors for five years following release from custody (or sentencing for an individual who was never in custody).
- When considering adverse action on the basis of a candidate’s criminal history, public employers must consider the nature of the conviction, the relevance of the conviction to the job, evidence of the candidate’s rehabilitation and good conduct, and the age of the offense. Public employers may also consider whether the circumstances leading to the offense are likely to reoccur and whether the prospective job would provide an opportunity for the commission of a similar offense.
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